Theft Crimes Sentencing Guidelines

New York Theft & Larceny Sentencing Guidlines

Regardless of the theft or larceny crime you are ultimately convicted of, each offense under New York Penal Law Articles 155 and 165 is punishable by incarceration. Does that mean as a first time offender arrested in Manhattan for shoplifting (New York Penal Law 155.25) or in Brooklyn for Grand Larceny in the Third Degree (New York Penal Law 155.35) by Embezzlement you must be sentenced to prison? Simply put, the answer is “no.” While incarceration may not be mandatory in each case, jail or prison is often a very real possibility. Obviously, criminal history and the value involved in an alleged theft is relevant to a sentence a prosecutor will offer or judge will impose. Make no mistake. There is a vast difference in the eyes of law enforcement between a $250 theft and a $2,500, $25,000, $250,000 or $1 million larceny. While prison may not be always mandatory, your criminal attorney may have his or her hands full when convincing the court that you should walk away from a criminal allegation with your freedom preserved.

Generally speaking, an individual accused of a theft crime in New York such as Embezzlement, Extortion, Shoplifting, Mortgage Fraud, Criminal Possession of Stolen Property or Grand Larceny can face one or a combination of prison, jail, probation, community service or a fine. If the defendant is a predicate felon accused of perpetrating a second felony crime within the past ten years, the new felony theft offense will require mandatory imprisonment.

The following guidelines for New York State larceny crimes applies to those who are first time offenders as well as those who are predicate felons. Avoiding these sentences, whether by mitigation or full legal confrontation, will unquestionably require the assistance of a criminal lawyer experienced in New York’s criminal courts and versed in these specific crimes.

First time offenders face no minimum sentence, but up to one and one third to four years in prison. Alternate sentences include probation, probation coupled with jail, community service, fines and a conditional discharge.

Predicate felons face a minimum of one and one half to three years and a maximum of two to four years in state prison.

First time offenders face no minimum sentence, but up to two and one third to seven years in prison. Alternate sentences include probation, probation coupled with jail, community service, fines and a conditional discharge.

Predicate felons face a minimum of two to four years and a maximum of three and one half to seven years in state prison.

First time offenders face no minimum sentence, but as much as five to fifteen years in prison. Alternate sentences include probation, probation coupled with jail, community service, fines and a conditional discharge.

Predicate felons face a minimum of three and one half to seven years and a maximum of seven and one half to fifteen years in state prison.

First time offenders face a minimum of one to three years in prison and a maximum of eight and one third to twenty five years. Probation and community service are not options

Predicate felons face a minimum of four and one half to nine years and a maximum of twelve and one half to twenty five years in state prison.

It is critically important to recognize that even if your theft is a “C” felony, for example, where you are alleged to have stolen $15,000, prison or jail may be a possibility despite it not being mandatory. Was your alleged victim a family member, a not-for-profit organization, a religious institution or a small business owner? Over how long a period of time were you alleged to have committed your crime? Was the alleged theft merely to supplement your lifestyle or because you had an ill family member to support? How much, if any, can you pay back? Mitigation aside, are prosecutors merely wrong in their accusation? Can they actually prove this theft? Is exoneration a real possibility? All of these factors are crucial to discuss with your criminal lawyer.

While the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC have obtained tremendous results for clients, each case is unique. Not attorney can assert that a past result will guarantee a future outcome. Because of this, it is essential to assist your attorney - whether by establishing a mitigation, factual or legal defense – and give that criminal lawyer the weapons to protect your freedom and future.

From the moment I contacted Jeremy Saland he inspired trust and confidence. His honesty and extensive knowledge about the court process made me feel like I was in good hands. He helped make a stressful and difficult experience more manageable and tolerable by clearly informing me on the legal steps we had to take and knowing exactly what to expect for our day in court. Thank you for your professionalism and help Jeremy! I will be eternally grateful. Alexandra

★★★★★

I was arrested and charged with Grand Larceny. I was filmed on surveillance camera and the police was trying to find me for several days. Although I had to spend the night in prison/ tombs he was able to set me free the next morning without bail. A court date was set for August but he was able to negotiate with the DA and after only three weeks I had to appear before court, pay a restitution fine and was sentenced with an ACD for a period of 6 months. Alex

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